|
| |
| |
(a) to join with the providers of other must-provide services in entering | |
into and maintaining arrangements satisfying the requirements of | |
section 267; and | |
(b) to comply with the requirements of any arrangements imposed by | |
OFCOM for the purposes of conditions under subsection (2) of that | 5 |
section. | |
Programming quotas for independent productions | |
7 (1) It shall be the duty of the Welsh Authority to secure that, in each year, not | |
less than 25 per cent. of the total amount of time allocated to the | |
broadcasting of qualifying programmes included in their designated public | 10 |
services (taken together) is allocated to the broadcasting of a range and | |
diversity of independent productions. | |
(2) In this paragraph— | |
(a) a reference to qualifying programmes is a reference to programmes | |
of such description as the Secretary of State may by order specify as | 15 |
describing the programmes that are to be qualifying programmes for | |
the purposes of this paragraph; | |
(b) a reference to independent productions is a reference to programmes | |
of such description as the Secretary of State may by order specify as | |
describing the programmes that are to be independent productions | 20 |
for the purposes of this paragraph; and | |
(c) a reference to a range of independent productions is a reference to a | |
range of such productions in terms of cost of acquisition as well as in | |
terms of the types of programme involved. | |
(3) The Secretary of State may by order amend sub-paragraph (1) by | 25 |
substituting a different percentage for the percentage for the time being | |
specified in that sub-paragraph. | |
(4) The Secretary of State may also by order provide for the Welsh Authority to | |
have the duty set out in sub-paragraph (5), either instead of or as well as the | |
one set out in sub-paragraph (1). | 30 |
(5) That duty is a duty to secure that, in each year, not less than the percentage | |
specified in the order of the programming budget for that year for the | |
designated public services (taken together) is applied in the acquisition of | |
independent productions. | |
(6) The power to make an order under sub-paragraph (4) includes power to | 35 |
provide that the Welsh Authority are again to be subject to a duty to which | |
they have previously ceased to be subject by virtue of such an order, in | |
addition to or instead of the duty to which they are subject (apart from the | |
exercise of that power) by virtue of this paragraph. | |
(7) The Secretary of State is not to make an order for the Welsh Authority to be | 40 |
or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) | |
unless— | |
(a) OFCOM have made a recommendation to him that the Authority | |
should be subject to that duty, or should cease to be subject to it; and | |
(b) the order gives effect to that recommendation. | 45 |
(8) The Welsh Authority must comply with directions given to them by | |
OFCOM for the purpose of— | |
| |
| |
|
| |
| |
(a) carrying forward to one or more subsequent years determined in | |
accordance with the direction any shortfall for any year in their | |
compliance with the duties imposed by virtue of sub-paragraph (1) | |
or (4); and | |
(b) thereby increasing the percentage applicable for the purposes of | 5 |
those duties to the subsequent year or years. | |
(9) For the purposes of this paragraph— | |
(a) the amount of the programming budget for a year, and | |
(b) the means of determining the amount of that budget that is applied | |
for any purpose, | 10 |
are to be computed in accordance with such provision as may be set out in | |
an order made by the Secretary of State, or as may be determined by | |
OFCOM in accordance with such an order. | |
(10) Before making an order under this paragraph the Secretary of State must | |
consult OFCOM, the BBC and the Welsh Authority. | 15 |
(11) No order is to be made containing provision authorised by this paragraph | |
unless a draft of the order has been laid before Parliament and approved by | |
a resolution of each House. | |
(12) The services that are designated public services for the purposes of this | |
paragraph are— | 20 |
(a) S4C; | |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | |
section 200 approving its provision. | 25 |
(13) In this paragraph— | |
“acquisition”, in relation to a programme, includes commissioning | |
and acquiring a right to include it in a service or to have it | |
broadcast; | |
“programme” does not include an advertisement; and | 30 |
“programming budget” means the budget for the production and | |
acquisition of qualifying programmes. | |
Programme quotas for original productions | |
8 (1) It shall be the duty of the Welsh Authority, in relation to their designated | |
public services (taken together) to secure— | 35 |
(a) that the time allocated, in each year, to the broadcasting of original | |
productions included in those services is no less than the proportion | |
fixed under sub-paragraph (2) of the total amount of time allocated | |
to the broadcasting of all the programmes included in those services; | |
and | 40 |
(b) that the time allocated to the broadcasting of original productions is | |
split in the manner so fixed between peak viewing times and other | |
times. | |
(2) The fixing for the purposes of sub-paragraph (1) of a proportion or manner | |
of splitting allocated time is to be— | 45 |
(a) by agreement between the Welsh Authority and OFCOM; or | |
| |
| |
|
| |
| |
(b) in default of agreement, by a direction given by OFCOM to the | |
Authority fixing the proportion or manner according to whatever | |
OFCOM consider appropriate for ensuring that the service is | |
consistently of a high quality. | |
(3) The agreement or direction may, for the purposes of sub-paragraph (1)(b), | 5 |
fix a proportion for the purposes of sub-paragraph (1)(a) in terms of the | |
cumulative effect of two different minimum proportions, one applying to | |
peak viewing times and the other to other times. | |
(4) The agreement or direction may provide that specified descriptions of | |
programmes are to be excluded in determining the programmes a | 10 |
proportion of which is to constitute original productions. | |
(5) It may also provide that, in determining whether a programme is of a | |
description of programmes excluded by an agreement or direction by virtue | |
of sub-paragraph (4), regard is to be had to any guidance prepared and | |
published, and from to time revised, by OFCOM. | 15 |
(6) References in this paragraph, in relation to the designated public services of | |
the Welsh Authority, to original productions are references to programmes | |
of such description as the Secretary of State may by order specify as | |
describing the programmes that are to be original productions for the | |
purposes of this paragraph. | 20 |
(7) The power to specify descriptions of programmes by order under sub- | |
paragraph (6) includes power to confer such discretions on OFCOM as the | |
Secretary of State thinks fit. | |
(8) Before making an order under this paragraph the Secretary of State must | |
consult OFCOM, the BBC and the Welsh Authority. | 25 |
(9) No order is to be made containing provision authorised by this paragraph | |
unless a draft of the order has been laid before Parliament and approved by | |
a resolution of each House. | |
(10) The services that are designated public services for the purposes of this | |
paragraph are— | 30 |
(a) S4C; | |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | |
section 200 approving its provision. | 35 |
(11) In this section— | |
“peak viewing time”, in relation to the designated public services of | |
the Welsh Authority, means a time that is determined in accordance | |
with sub-paragraph (12) to be a peak viewing time for one or more | |
of those services; and | 40 |
“programme” does not include an advertisement. | |
(12) The determination for the purposes of this paragraph of peak viewing times | |
is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | |
(b) in default of agreement, by a direction given by OFCOM to the | 45 |
Authority determining those times. | |
| |
| |
|
| |
| |
News and current affairs programmes | |
9 (1) It shall be the duty of the Welsh Authority, in relation to their designated | |
public services, to secure— | |
(a) that the programmes included in each service include news | |
programmes and current affairs programmes; | 5 |
(b) that the news programmes and current affairs programmes included | |
in each service deal with both national and international matters; and | |
(c) that the news programmes so included are broadcast for viewing at | |
intervals throughout the period for which the service is provided. | |
(2) It shall be the duty of the Welsh Authority, in relation to each of their | 10 |
designated public services, to ensure that the news programmes and current | |
affairs programmes included in each service are of high quality. | |
(3) It shall also be the duty of the Welsh Authority, in relation to each of their | |
designated public services, to secure that in each year— | |
(a) the time allocated to the broadcasting of news programmes included | 15 |
in the service, and | |
(b) the time allocated to the broadcasting of current affairs programmes | |
so included, | |
each constitutes no less than the proportion fixed under sub-paragraph (5) | |
of the time allocated to the broadcasting of all the programmes included in | 20 |
the service. | |
(4) It is the further duty of the Welsh Authority, in relation to each of their | |
designated public services, to secure that the time allocated— | |
(a) to the broadcasting of news programmes included in the service, and | |
(b) to the broadcasting of current affairs programmes so included, | 25 |
is, in each case, split, in the manner fixed under sub-paragraph (5), between | |
peak viewing times and other times. | |
(5) The fixing for the purposes of sub-paragraph (3) or (4) of a proportion or | |
manner of splitting allocated time is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | 30 |
(b) in default of agreement, by a direction given by OFCOM to the | |
Authority fixing the proportion or manner according to whatever | |
OFCOM consider appropriate. | |
(6) The agreement or direction may, for the purposes of sub-paragraph (4), fix a | |
proportion for the purposes of sub-paragraph (3) in terms of the cumulative | 35 |
effect of two different minimum proportions, one applying to peak viewing | |
times and the other to other times. | |
(7) The services that are designated public services for the purposes of this | |
paragraph are— | |
(a) S4C; | 40 |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | |
section 200 approving its provision. | |
(8) In this paragraph “peak viewing time”, in relation to a service, means a time | 45 |
that is determined in accordance with sub-paragraph (9) to be a peak | |
viewing time for that service. | |
| |
| |
|
| |
| |
(9) The determination for the purposes of this paragraph of a peak viewing time | |
is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | |
(b) in default of agreement, by a direction given by OFCOM to the | |
Authority determining that time. | 5 |
Code relating to programme commissioning | |
10 (1) It shall be the duty of the Welsh Authority to draw up and from time to time | |
revise a code of practice setting out the principles that are to be applied when | |
they or an S4C company are for a relevant purpose agreeing terms for the | |
commissioning of independent productions. | 10 |
(2) A relevant purpose is a purpose connected with the provision by the Welsh | |
Authority or an S4C company of a programme service. | |
(3) It shall also be the duty of the Welsh Authority— | |
(a) at all times to comply with the code of practice which is for the time | |
being in force under this paragraph; | 15 |
(b) to take all reasonable steps for securing that the code is complied | |
with by S4C companies; | |
(c) to exercise their power to revise that code to take account of revisions | |
from time to time of the guidance issued by OFCOM for the purposes | |
of this paragraph; and | 20 |
(d) to comply with such directions as may be given to the Authority by | |
OFCOM for securing that they properly perform their duties under | |
paragraphs (a) and (b). | |
(4) The code for the time being in force under this paragraph must be such as to | |
secure, in the manner described in guidance issued by OFCOM— | 25 |
(a) that a reasonable timetable is applied to negotiations for the | |
commissioning of an independent production and for the conclusion | |
of a binding agreement; | |
(b) that there is sufficient clarity when an independent production is | |
commissioned about the different categories of rights to broadcast or | 30 |
otherwise to make use of or exploit the commissioned production | |
that are being disposed of; | |
(c) that there is sufficient transparency about the amounts to be paid in | |
respect of each category of rights; | |
(d) that satisfactory arrangements are made about the duration and | 35 |
exclusivity of those rights; | |
(e) that procedures exist for reviewing the arrangements adopted in | |
accordance with the code and for demonstrating compliance with it; | |
(f) that those procedures include requirements for the monitoring of the | |
application of the code and for the making of reports to OFCOM; | 40 |
(g) that provision is made for resolving disputes arising in respect of the | |
provisions of the code (by independent arbitration or otherwise) in a | |
manner that appears to OFCOM to be appropriate. | |
(5) The Welsh Authority must also ensure that the drawing up or revision of a | |
code by virtue of this paragraph is in accordance with guidance issued by | 45 |
OFCOM as to— | |
(a) the times when the code is to be drawn up or reviewed with a view | |
to revision; | |
| |
| |
|
| |
| |
(b) the consultation to be undertaken before a code is drawn up or | |
revised; | |
(c) the publication of every code or revised code. | |
(6) The Welsh Authority must submit to OFCOM for approval a draft of— | |
(a) every code that is required to be drawn up under this paragraph; and | 5 |
(b) every revision made by that Authority of such a code. | |
(7) A code drawn up by the Welsh Authority or a revision of such a code — | |
(a) is to have effect for the purposes of this paragraph only if approved | |
by OFCOM; and | |
(b) if approved by OFCOM subject to modifications, is to have effect | 10 |
with those modifications. | |
(8) OFCOM— | |
(a) must issue and may from time to time revise guidance for the | |
purposes of this paragraph; | |
(b) must ensure that there is always guidance for those purposes in | 15 |
force; | |
(c) must, before issuing their guidance or revised guidance, consult the | |
providers of licensed public service channels, persons who make | |
independent productions (or persons appearing to OFCOM to | |
represent them), the BBC and the Welsh Authority; and | 20 |
(d) must publish their guidance or revised guidance in such manner as | |
they think appropriate. | |
(9) Guidance issued by OFCOM for the purposes of this paragraph must be | |
general guidance and is not to specify particular terms to be included in | |
agreements to which the guidance relates. | 25 |
(10) OFCOM may by a direction to the Welsh Authority specify that a code | |
which— | |
(a) was drawn up by the Authority before the commencement of this | |
paragraph, and | |
(b) is identified in the direction, | 30 |
is to be treated as drawn up in pursuance of this paragraph and approved | |
by OFCOM. | |
(11) In this paragraph “independent production” has the same meaning as in | |
paragraph 7. | |
Co-operation with the public teletext provider | 35 |
11 (1) The Welsh Authority must grant access to the public teletext provider to the | |
facilities that are reasonably required by him for the purposes of, or in | |
connection with, the provision of the public teletext service. | |
(2) The Welsh Authority may require the public teletext provider to pay a | |
reasonable charge in respect of facilities access to which is granted under this | 40 |
paragraph. | |
(3) In the event of a dispute, the amount of the charge is to be determined by | |
OFCOM. | |
| |
| |
|
| |
| |
Programme standards | |
12 It shall be the duty of the Welsh Authority in relation to their public | |
television services to observe the standards set under section 309. | |
13 It shall be the duty of the Welsh Authority to comply with a direction given | |
to them by OFCOM with respect to the establishment of procedures for the | 5 |
handling and resolution of complaints about the observance by the | |
Authority of standards set under section 309. | |
14 (1) It shall be the duty of the Welsh Authority to comply with directions given | |
to them by OFCOM with respect to any of the matters mentioned in sub- | |
paragraph (2). | 10 |
(2) Those matters are— | |
(a) the exclusion from any of the Authority’s public television services | |
of a particular advertisement, or its exclusion in particular | |
circumstances; | |
(b) the descriptions of advertisements and methods of advertising to be | 15 |
excluded from the services so provided (whether generally or in | |
particular circumstances); and | |
(c) the methods of sponsorship to be excluded from those services | |
(whether generally or in particular circumstances). | |
15 (1) This paragraph applies if OFCOM are satisfied— | 20 |
(a) that the Welsh Authority have failed in any respect to perform any | |
of their duties under paragraphs 12 to 14; and | |
(b) that the failure can be appropriately remedied by the inclusion in any | |
or all of the Authority’s public television services of a correction or a | |
statement of findings. | 25 |
(2) OFCOM may direct the Welsh Authority to include a correction or a | |
statement of findings (or both) in any one or more of their public television | |
services. | |
(3) A direction may require the correction or statement of findings to be in such | |
form, and to be included in programmes at such time or times, as OFCOM | 30 |
may determine. | |
(4) OFCOM are not to give a direction under this paragraph unless they have | |
given the Welsh Authority a reasonable opportunity of making | |
representations to them about the matters appearing to OFCOM to provide | |
grounds for the giving of the direction. | 35 |
(5) Where the Welsh Authority include a correction or a statement of findings | |
in any of their public television services in pursuance of a direction under | |
this paragraph, the Authority may announce that they are doing so in | |
pursuance of such a direction. | |
(6) For the purposes of this section a statement of findings, in relation to a case | 40 |
in which OFCOM are satisfied that the Welsh Authority have failed to | |
perform a duty imposed on them under paragraphs 12 to 14, is a statement | |
of OFCOM’s findings in relation to that failure. | |
Directions with respect to advertising | |
16 (1) The Welsh Authority must comply with directions given to them by | 45 |
OFCOM with respect to any of the matters mentioned in sub-paragraph (2). | |
| |
| |
|
